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HomeMy WebLinkAboutBOARD MINUTES 06-16-83 2212 MINUTES OF A REGULAR MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT JUNE 16, 1983 The District Board of the Central Contra Costa Sanitary District convened in a regular session at its regular place of meeting, 5019 Imhoff Place, Martinez (Pacheco area), County of Contra Costa, State of California, on June 16,1983 at 7:30 p.m. President Dalton called the meeting to order and requested the Secretary Pro Tem to call roll. I. ROLL CALL PRESENT: Members: ABSENT: Members: Carlson, Boneysteele, Stanley, Campbell and Dalton None .. II. APPROVAL OF MINUTES 1. MINUTES OF MAY 19, 1983 It was moved by Member Carlson, seconded by Member Boneysteele, that the minutes of May 19, 1983, be approved as presented. Motion was unanimously approved. I I I. APPROVAL OF EXPENDITURES 1. EXPENDITURE LIST DATED JUNE 16,1983 Mr. Dolan, General Manager-Chief Engineer (GM-CE), clarified an expenditure item at the Board's request. It was then moved by Member Boneysteele, seconded by Member Stanley, that the Expenditure List dated June 16,1983, including Running Expense Warrant Nos. 25164-25485; Sewer Construction Warrant Nos. 4358-4428; and Payroll Warrant Nos. 1877-1880; be approved. Motion was unanimously approved. IV. HEARINGS 1. HOLD HEARING FOR THE PURPOSE OF ADOPTING A IIRESOLUTION OF NECESSITY" Tû ALLûW THE ACQUISITION OF A PUBLIC SEWER EASEMENT BY EMINENT DOMAIN FOR DISTRICT JOB 3842 IN THE WALNUT CREEK AREA President Dalton explained that the purpose of holding the hearing was to acquire easement rights through the eminent domain process. A fair and reasonable price has been offered for the easement rights, but the property owner (Mrs. Anna J. Garribotti) has refused to negotiate or accept the tendered offer. Mrs. Garribotti has been duly notified of this hearing as required by law. President Dalton declared the hearing open and asked if there was anyone in the audience wishing to address the Board regarding the acquisition of the easement. Hearing no response, President Dalton declared the hearing closed. After discussion, it was moved by Member Stanley, seconded by Member Campbell, to adopt a "Resolution of Necessity" to allow the acquisition of a public sewer easement by eminent domain for District Job 3842 in the Walnut Creek area (Resolution No. 83-73); and to direct District Counsel to proceed with condemnation action for the easement rights. Motion was unanimously approved. 06 16 83 2213 2a. HOLDING A HEARING FOR THE PURPOSE OF ESTABLISHING THE ENVIRONMENTAL QUALITY CHARGEFOR1983~84 After a brief explanation, Mr. Dolan, GM-CE, introduced Mr. Walter Funasaki, Finance Officer, who provided an ~nalysis of the Environmental Quality Charge (EQC) based upon review of the O&M Budget and consideration of appropriate levels of reserves. Mr. Funasaki stated that the Board is required by law to annually determine any changes that might be appropriate to the EQC rate. President Dalton opened the hearing and stated that the Board would receive any public comments at this time regarding the establishment of the EQC rate. Mrs. Barbara Zivica of Walnut Creek addressed the Board commenting that the District's reserve fund was excessive and should be utilized in lowering the EQC rate. Mr. Don Christen of the Contra Costa Taxpayers Association also indicated that the District1s reserve fund was generous and that the Board should take that factor into consideration when establishing the 1983-84 EQC rate. Mrs. Shirley Medau of Lafayette remarked that there should be a rate differential established for the EQC between apartment dwellings and single family dwellings. She indicated that being charged the same rate was inequitable since a single family dwelling is usually occupied by more people and requires more service. President Dalton replied that the Board had previously considered the issue of rate differential for single family dwellings vs. multiple dwellings. This issue is still under study and until such time that a decision has been reached, the multiple dwellings rate will remain the same. Board Members discussed the issue of "District reserves" as presented by Mrs. Zivica and Mr. Christen. There being no further comments or discussion, President Dalton declared the hearing closed. After discussion, it was moved by Member Carlson, seconded by Member Stanley, that the Environmental Quality Charge be established at $122 for the 1983-84 fiscal year. Discussion followed prior to the vote. Member Boneysteele stated that a $2.00 reduction may be small, but it would have a considerable impact on the margin of the reserve fund. He proposed that the Environmental Quality Charge be kept at the $124 level for the 1983-84 fiscal year. Member Campbell stated that with an unabalanced budget and anticipated increases in cost projections for 1984-85, it would be inappropriate and misleading to lower the EQC at this time. - President Dalton requested the Secretary Pro Tem to take roll of the motion before the Board. Motion failed by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Carlson and Stanley Boneysteele, Campbell and Dalton None It was then moved by Member Campbell, seconded by Member Boneysteele, that the Environmental Quality Charge be established at $124 for the 1983-84 fiscal year and a resolution be adopted to that effect (Resolution No. 83-74). Motion carried by the following vote: AYES: NOES: ABSENT: Members: Members: Members: Boneysteele, Campbell and Dalton Carlson and Stanley None 06 16 83 :i 2214 2b. COLLECTION OF THE ENVIRONMENTAL QUALITY CHARGE ON THE TAX ROLL FOR 1983-84 President Dalton declared the hearing open regarding the collection of the EQC on the County taxroll for 1983-84. Hearing no comments from the audience, President Dalton declared the hearing closed. It ~was moved by Member Stanley, seconded by Member Boneysteele, that the Environmental Quality Charge be collected on the 1983-84 County Tax Roll and that a resolution be adopted to that effect. (Resolution No.83-75). Motion was unanimously approved. 2c. COLLECTION OF DELINQUENT SEWER SERVICE CHARGES ON 1983-84 COUNTY TAX ROLL Mr. Dolan, GM-CE, explained that three property owners are delinquent in their payments for the sewer service charge. It is proposed that these delinquent charges be collected on the 1983-84 County Tax Roll. President Dalton declared the Hearing open and requested comments or statements from the audience on this matter. There being no response, President Dalton closed the hearing. After discussion, it was moved by Member Stanley, seconded by Member Carlson, that the collection of the delinquent sewer service charges be placed on the 1983-84 County Tax Roll and that a resolution overruling protests and and adopting the report pursuant to Section 5473 of the Health and Safety Code be adopted. (Resolution No. 83-76). Motion was unanimously approved. V. BIDS & AWARDS 1. AWARD CONTRACT FOR CONSTRUCTION OF MHF STAIRWAYS AND PLATFORMS AND AUTHORIZE $236,400 FROM SEWER CONSTRUCTION FUNDS After explanation by Mr. Dolan, GM-CE, and Board discussion, it was moved by Member Stanley, s~conded by Member Carlson, to award the contract for construction of Incinerator Stairways and Platforms to General Conveyor, Inc., and authorize $236,400 from the Sewer Construction fund. Motion was unanimously approved. VI. CONSENT CALENDAR After discussion, it was moved by Member Carlson, seconded by Member Campbell, that the Consent Calendar consisting of seven items be approved, respective resolutions adopted, and recording authorized as necessary. Staff recommends the following: 1. Acceptance of easement at no cost to the District from G. Johnson et ux, Martinez area, Job 1811, Parcell, (Resolution No. 83-77). 2. Acceptance of easement at no cost to the District from City of Walnut Creek, Walnut Creek area, Job 3829, Parcell, (Resolution No. 83-78). Acceptance of easement at no cost to the District from La Casa Via Assoc., Walnut Creek area, Job 3866, Parcell, (Resolution No. 83-79). 3. 4. Acceptance of easement at no cost to the District from J. Yudelson, et ux, Pacheco area, Job 3862, Parcel 2, (Resolution No. 83-80). 5. Acceptance of easement at no cost to the District from W. C. Wurschmidt, et ux, Pacheco area, Job 3862, Parcel 3, (Resolution No. 83-81). 6. Authorization for P.A. 83-9 (Martinez) and P.A. 83-10 (Alamo) to be included in a future formal annexation to the District. 7. Order Completion of District Annexation No. 74 (Orinda area), (Resolution No. 83-82). Motion was unanimously approved. 06 16 83 2215 VI I. ENGINEERING AUTHORIZE EXECUTION OF AGREEMENT WITH WOODWARD-CLYDE CONSULTANTS FOR STORM DAMAGE REPAIRS AND AUTHORIZE $101,650 IN SEWER CONSTRUCTION REPAIRS 1. Mr. Dolan requested Mr. Robert Baker, Engineering & Construction Services Department Manager, to explain the procedure for handling the storm damage repair projects. Mr. Baker indicated that the 44 projects have been divided into three groups: Group I consists of minor repairs requiring limited amount of geotechnical engineering and design effort; Group II consists of major or complicated repairs requiring significant geotechnical engineering and design effort; and Group III has legal, jurisdictional or institutional questions that must be resolved prior to further action. District staff will be responsible for management of the three groups, design of Group I projects and resolving the problems associated with Group III. Woodward- Clyde Consultants will provide geotechnical engineering services and predesign services for Group II projects. In conclusion, Mr. Baker stated that this project is characterized with complexities and staff is doing its best to keep it well organized and run in the most cost effective manner. After discussion, it was moved by Member Stanley, seconded by Member Boneysteele, to authorize execution of agreement with Woodward- Clyde Consultants for storm damage repairs and authorize $101,650 in Sewer Construction Funds for preliminary design work. AYES: NOES: ABSTAINING: ABSENT: Members: Members: Member: Members: Boneysteele, Stanley, Campbell and Dalton None Carl son None VIII. BUDGET & FINANCE 1. APPROVE 1983-84 OPERATIONS & MAINTENANCE BUDGET After explanation by Mr. Dolan, GM-CE, it was moved by Member Boneysteele, seconded by Member Carlson, to approve the 1983-84 Operation & Maintenance Budget. Member Carlson then withdrew his second in favor of Member Stanley, who serves on the Budget and Finance Committee, and the motion was unanimously approved. IX. ITEMS LATE FOR THE AGENDA None. X. REPORTS 1. GENERAL MANAGER-CHIEF ENGINEER a. Mr. Dolan advised that responses toa request for proposal have been received from four public accounting firms regarding the District audit for 1982-83, and have been distributed to the Budget and Finance Committee and District staff for review. It is proposed that the Committee meet with Paul Morsen and Walter Funasaki at the Headquarters Office Building on June 24, 1983 for the purpose of interviewing finalists and recommending a firm for selection by the Board. b. Mr. Dolan advised that the resolution for final adoption of the Budget will contain a provision that would increment the outstanding sewer construction authorizations so that the remaining unexpended force account labor authorizations would reflect the new overhead calculations. c. Mr. Dolan indicated that as a result of concentrated effort by staff, the District has improved its posture on Affirmative Action through its summer hiring program. 0 6 1 6 8 3 "f' " .¡,t '. . '- " . 2216 d. Mr. Dolan advised that the District will be advertising two projects in the near future: (1) Construction of the outfall protective structures in the vicinity of Acme Fill; and (2) Installation of a service air compressor. Discussion followed regarding the appropriateness of beginning the project involving Acme Fill prior to the resolution of the condemnation suit. Mr. Dolan requested that this matter be discussed further in closed session. Mr. Dolan announced that Mr. Jarred Miyamoto-Mills, Associate Engineer, was the principal author of an article published in the Water Science Technology Journal explaining the Design and Operation of a Pilot-Scale Biological Phosphate Removal Plant at CCCSD. Assisting Mr. Mills were Mr. John Larson, CCCSD Engineering Division Manager, and Professor Jenkins, University of California. f. In response to a previous request from the Board, Mr. Dolan clarified the way standby charges on natural gas are computed. g. Mr. Dolan advised that the CCCSD Board of Directors has been selected to receive the IIEnergy Conservation" award presented by the American Public Works Association, commending the Board for its support of the Landfill Gas Project. He requested r~r. John Larson to present the plaque to the Board. 2. COUNSEL FOR THE DISTRICT a. Mr. Carniato clarified a statement made by a member of the audience at the EQC hearing regarding connection fees. b. Mr. Carniato advised that Mr. Horne has reconsidered acceptance of settlement of his claim as approved and adopted by resolution at the meeting of June 9,1983. He now refuses the settlement because of lack of answers to his interrogatories; refuses to sign any release in which the question of liability remains unanswered; refuses to sign a release which contains a waiver of Sec. 1542 of the California Civil Code; and finally will not sign a release because he is unaware of the total effect of damage he claims was caused by the back flow device. Mr. Carniato indicated that Mr. Horne was then advised orally and in writing that the District intends to pursue action against him to enforce the settlement along with attorney fees. 3. SECRETARY PRO TEM None 4. BOARD MEMBERS None XI. MATTERS FROM THE BOARD NOT ON THE AGENDA None. XI I. CLOSED SESSION At 9:22 p.m., President Dalton declared a closed session to discuss litigation matters. At 10:19 p.m., President Dalton concluded the closed session and reconvened the meeting. XII I. ACTIONS RESULTING FROM DISCUSSION IN CLOSED SESSION None. ()ß 1 fj 8") , ~} 2217 XIV. ADJOURNMENT At 10:20 p.m., President Dalton adjourned the meeting to June 30, 1983 at 7:30 p.m. Lu~ President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: WAL Secretary Pro T~ the Central Contra Costa Sanitary District, Couty of Contra Costa, State of California 06 . ,~ ,:!6 83 " " ~,